Bill Text: NY S01092 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CHILDREN AND FAMILIES [S01092 Detail]

Download: New_York-2009-S01092-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1092
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2009
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the  family  court  act,  in  relation  to  establishing
         kinship guardianship
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The family court act is amended by  adding  a  new  section
    2  1059-a to read as follows:
    3    S  1059-A.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS. WHEN USED IN THIS
    4  SECTION:
    5    A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
    6  SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
    7  ARTICLE WHO IS PLACED EITHER (I) AS A KINSHIP FOSTER CHILD  PURSUANT  TO
    8  REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
    9  FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
   10  OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
   11  DEGREE;
   12    B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
   13  OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
   14  SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
   15  THE THIRD DEGREE.
   16    2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
   17  FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
   18  SECTION  ONE  THOUSAND  FIFTY-FIVE  OF  THIS ARTICLE TO HAVE THE KINSHIP
   19  FOSTER PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION
   20  SHALL ALLEGE THAT THE CHILD WAS PLACED, THAT MORE  THAN  FIFTEEN  MONTHS
   21  HAVE  PASSED  SINCE  THE  DATE  OF THE ORDER PLACING THE CHILD, THAT THE
   22  PARENTS OF THE CHILD ARE PRESENTLY AND FOR THE FORESEEABLE FUTURE UNABLE
   23  TO PROVIDE PROPER AND ADEQUATE CARE FOR THE CHILD,  NOTWITHSTANDING  THE
   24  AUTHORIZED  AGENCY'S  DILIGENT  EFFORTS  TO ENCOURAGE AND STRENGTHEN THE
   25  PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04857-01-9
       S. 1092                             2
    1  THE APPOINTMENT AND THAT THE CHILD HAS RESIDED WITH THEM FOR  MORE  THAN
    2  EIGHTEEN MONTHS, AND THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD
    3  FOR THE PETITION TO BE GRANTED.
    4    3. NOTICE.  NOTICE OF THE PETITION AND A COPY OF THE PETITION SHALL BE
    5  SERVED  UPON THE SOCIAL SERVICES OFFICIAL WITH WHOM THE CHILD IS PLACED,
    6  THE PARENTS OF THE CHILD, THE KINSHIP FOSTER PARENTS OF THE  CHILD,  AND
    7  THE  LAW  GUARDIAN  OF  THE  CHILD, EACH OF WHOM SHALL BE PARTIES TO THE
    8  PROCEEDING.
    9    4. HEARING AND DETERMINATION. IF THE COURT FINDS THAT THE ELEMENTS  OF
   10  THE  PETITION  HAVE BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE,
   11  OR UPON THE CONSENT OF ALL PARTIES, THE COURT SHALL GRANT THE PETITION.
   12    5. ORDERS. AN ORDER APPOINTING A PERSON AS A  KINSHIP  GUARDIAN  SHALL
   13  AWARD  CUSTODY OF THE CHILD TO THE KINSHIP GUARDIAN.  A KINSHIP GUARDIAN
   14  SHALL HAVE THE SAME AUTHORITY AS A PARENT TO  CONSENT  ON  BEHALF  OF  A
   15  CHILD,  EXCEPT THAT A KINSHIP GUARDIAN SHALL NOT CONSENT TO THE ADOPTION
   16  OR SURRENDER OF A CHILD.
   17    6. MAINTENANCE SUBSIDY.  THE SOCIAL SERVICES OFFICIAL  WITH  WHOM  THE
   18  CHILD  WAS PLACED SHALL MAKE MONTHLY PAYMENTS TO THE KINSHIP GUARDIAN AS
   19  IF THE CHILD HAD BEEN PLACED UNDER SECTIONS FOUR HUNDRED FIFTY-THREE AND
   20  FOUR HUNDRED FIFTY-FOUR OF THE SOCIAL SERVICES LAW, AND SUBJECT  TO  THE
   21  PROCEDURES, LIMITATIONS, AND MINIMUM PAYMENTS OF SUCH SECTIONS.
   22    7. RIGHTS OF THE PARENTS.  THE APPOINTMENT OF A KINSHIP GUARDIAN SHALL
   23  NOT AFFECT OR IMPAIR THE VISITATION RIGHTS OF A PARENT.
   24    8.  VACATING  ORDERS.    A  PARENT MAY APPLY FOR AN ORDER VACATING THE
   25  APPOINTMENT OF THE  KINSHIP  GUARDIAN.    THE  COURT  SHALL  VACATE  THE
   26  APPOINTMENT  AND AWARD CUSTODY OF THE CHILD TO THE PARENT UPON A SHOWING
   27  THAT THE PARENT IS ABLE TO PROVIDE PROPER  AND  ADEQUATE  CARE  FOR  THE
   28  CHILD AND ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
   29    A. THE KINSHIP GUARDIAN IS UNFIT;
   30    B. THE KINSHIP GUARDIAN HAS NEGLECTED HIS OR HER DUTIES;
   31    C.  THE  KINSHIP  GUARDIAN  IS  UNWILLING  OR  UNABLE  TO CONTINUE THE
   32  APPOINTMENT; OR
   33    D. THE RELATIONSHIP BETWEEN THE KINSHIP GUARDIAN AND THE CHILD  IS  NO
   34  LONGER IN THE BEST INTEREST OF THE CHILD.
   35    S 2. This act shall take effect April 1, 2010.